Orissa High Court
State Of Odisha And Another vs Pragati Rout on 28 October, 2025
Bench: K.R. Mohapatra, Savitri Ratho
Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Designation: JUNIOR STENOGRAPHER
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 29-Oct-2025 15:06:41
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. NO.798 OF 2022
State of Odisha and another .... Appellants
Mr. Siba Narayan Biswal,
Additional Standing Counsel
-versus-
Pragati Rout .... Respondent
Mr. Dhananjaya Mund, Advocate
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SAVITRI RATHO
ORDER
Order No. 28.10.2025
04. 1. This matter is taken up through hybrid mode.
2. Consent memo filed by Mr. Dhananjaya Mund, learned
counsel appearing on behalf of the Respondent is taken on record.
3. Appellants in this Intra Court Appeal seek to assail the order
dated 13th September, 2021 (Annexure-1) passed by the Writ Court
in W.P.C.(OAC) No.2574 of 2015.
4. Mr. Biswal, learned Additional Standing Counsel appearing
for the Appellants submits that the Respondent filed OA
No.2574(C) of 2015 before the State Administrative Tribunal
seeking to set aside the notice dated 9th July, 2015 issued by the
Chief District Medical Officer, Kalahandi inviting application for
engagement of Pharmacists on contractual basis against regular
vacancies in the district of Kalahandi. The Respondent also prayed
for a direction to the Chief District Medical Officer, Kalahandi to
give preference to the Respondent for appointment as Pharmacist
on contractual basis against general vacancies in different medical
institutions of Kalahandi district. On abolition of State
Administrative Tribunal in Odisha, the OA was transferred to this
Designation: JUNIOR STENOGRAPHER
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 29-Oct-2025 15:06:41
Court and was registered as W.P.C. (OAC) No.2574 of 2015.
Learned Single Judge relying upon the order dated 17th May, 2018
passed by Odisha Administrative Tribunal in OA No.744 of 2017
held as under:
"5. In view of the above, this writ petition stands disposed
of in terms of the order dated 17.05.2018 passed by the Orissa
Administrative Tribunal in OA No.744 of 2017 and confirmed
by this Court by order dated 21.11.2019 passed in W.P.(C).
No.3597 of 2019 and the apex Court by order dated
12.01.2021 passed in SLP(C) No.13077 of 2020."
5. It is further submitted by Mr. Biswal, learned Additional
Standing Counsel that vide order dated 17th May, 2018 in OA
No.744 of 2017, the Odisha Administrative Tribunal set aside a
similar notification issued by the Chief District Medical Officer,
Bolangir and directed that the Applicant therein be brought over as
contractual Pharmacist under General Health Stream/DDC without
facing further recruitment test in accordance with the
Advertisement issued, as they had completed six years of
contractual service in Mobile Health Unit(MHU) and the said
exercise was directed to be completed within one month from the
date of receipt of the copy of the order passed in OA. Against the
said order, the State Government preferred W.P.(C). No.3957 of
2019, which was dismissed by this Court vide order dated 21st
January, 2019. As the order passed in OA No.744 of 2017 was not
complied with, the Applicant therein preferred W.P.(C). No.1353 of
2020 and the said writ petition was disposed of on 3rd February,
2020 with a direction to implement the order dated 17th May, 2018
passed in OA No.744 of 2017. Challenging the said order, the State
Government preferred SLP(C) No.13077 of 2020 before Hon'ble
Supreme Court, which was dismissed vide order dated 12th January,
2021. He, however, submits that the order impugned herein was
Designation: JUNIOR STENOGRAPHER
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 29-Oct-2025 15:06:41
passed without providing an opportunity of hearing to the State
Government. He, therefore, prays for setting aside the impugned
order passed by learned Single Judge and to dismiss the writ
application.
6. Mr. Mund, learned counsel for the Respondent submits that
the issue involved in the Intra Court Appeal is no more res integra
as in WA No.1323 of 2023, involving the similar issue, a
coordinate Bench of this Court vide judgment dated 2nd July, 2025
dismissed the Writ Appeal observing as under:
" 7.6. We would not have much deliberated on the legal
and factual submission and that we would have left it to the
jurisdictional authorities to consider the case of respondent
for regularization, keeping open all contentions, in terms of
plain direction engrafted in the impugned order. However, we
were compelled to go for a deeper discussion in the light of
Rule position, as explained by the apex Court in the case of
Amit Kumar Mishra supra, inasmuch as the appellants argued
on the very merits of the claim of the respondent-employee and
that too in gross variance with what has been observed by the
apex Court in the said case. We had gathered a legitimate
impression that on the basis of the stand which the State has
taken before us vociferously that again the employees would
be driven to unending legal battles by denying deemed status
in terms of 2019 Rules just by an eye wash of consideration.
Therefore, we have taken extra pains to ensure that not only
justice is done but it is seen to have been done.
In the above circumstances, this Writ Appeal, being
devoid of merits, is liable to be dismissed and accordingly it is,
costs having been reluctantly made easy. The impugned order
of the learned Single Judge is to be implemented in the light of
the above observations and compliance report to be filed
within an outer limit of three months before the Registrar
General of this Court.
In the event compliance is not reported, it is open to the
respondent to move an appropriate application before this
Court itself seeking penal action against the officials
concerned which may include levy of heavy costs personally
payable by them."
6.1. He, therefore, submits that the Writ Appeal may be disposed
of in terms of the judgment passed in WA No.1323 of 2023.
Designation: JUNIOR STENOGRAPHER
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 29-Oct-2025 15:06:41
7. Mr. Biswal, learned Additional Standing Counsel does not
dispute the similarity of factual position and law involved in both
the Writ Appeals i.e., WA No.1323 of 2023 and the present Writ
Appeal. He, however, submits that this Court may consider the
matter in accordance with law and pass necessary orders.
8. Taking note of the submission made by learned counsel for
the parties and on perusal of the judgment dated 2nd July, 2025
passed in WA No.1323 of 2023 by a Co-ordinate Bench of this
Court, we are of the considered opinion that the fact and law
involved therein are akin to the present Writ Appeal. The
Coordinate Bench discussing the facts and law in detail, more
particularly, taking note of the provisions of Odisha Pharmacists
Service (Method of Recruitment and Condition of Service) Rules,
2019, which came into force during pendency of the writ petition
from which the Writ Appeal arose, dismissed the Writ Appeal.
Thus, we find no reason to take a different view in the present Writ
Appeal in absence of any material to the contrary.
9. Accordingly, the Writ Appeal stands dismissed and the order
passed in W.P.C.(OAC) No.2574 of 2015 stands confirmed.
10. It is expected that the direction made in the writ petition be
complied with at the earliest.
11. Interim order dated 3rd April, 2023 passed in IA No.2010 of
2022 stands vacated.
(K.R. Mohapatra)
Judge
(Savitri Ratho)
Rojalin Judge
